ESA laws by state

Emotional support animals in Texas

Texas follows the federal Fair Housing Act for emotional support animals. Housing documentation means a letter from a licensed professional who knows you; a registration card is not documentation in Texas, or anywhere.

All states

What the law says here

Emotional support animals are protected in housing under the federal Fair Housing Act. They are not service animals and do not have public-access rights, and U.S. airlines are no longer required to accept them in the cabin.

Texas follows the federal Fair Housing Act through the Texas Fair Housing Act. Misrepresenting an animal as a trained assistance or service animal is a misdemeanor in Texas, with a fine of up to $1,000 and 30 hours of community service.

Texas housing rules for emotional support animals

Texas has no separate emotional support animal statute for housing. The Texas Fair Housing Act mirrors the federal one, so a housing provider must make reasonable accommodations for an assistance animal, including an emotional support animal, when you have a disability and a disability-related need for it.

If your disability or need isn't obvious, the provider may ask for reliable documentation from someone who knows about it, such as a licensed health professional. They may not ask for your diagnosis or medical records.

Service animal claims in Texas

Under Human Resources Code § 121.006, representing an animal as an assistance or service animal when it hasn't been specially trained or equipped to help a person with a disability is a misdemeanor. Since September 1, 2023 the fine is up to $1,000, plus 30 hours of community service. An emotional support animal is not a service animal and shouldn't be presented as one.

Where a registration card fits

Our card and certificate are convenience items for everyday situations: a doorman, a walker, a neighbor. They carry a registration number anyone can check on our verification page. They do not establish a disability or a need for an accommodation, and a Texas housing provider is not required to accept them in place of a letter. If you need housing protection, get a letter from a licensed professional.

What a Texas housing provider may ask

If your disability isn't obvious, they may ask for reliable documentation from a licensed professional that you have a disability and a disability-related need for the animal. They may not ask for your diagnosis or medical records, and may not charge pet rent or a pet deposit for an approved assistance animal.

Sources

42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204
Tex. Prop. Code ch. 301 (Texas Fair Housing Act)
Tex. Hum. Res. Code § 121.006 (as amended by HB 4164, 2023)

General information, not legal advice. Laws change; we update this page when they do.